Cleaner terminated while on sick leave and still receives 6,260 euros!

Cleaner terminated while on sick leave and still receives 6,260 euros!

A room attendant from the Mistelbach district in Lower Austria is currently experiencing controversy after she was fired while on sick leave. The dismissal took place in the summer of 2024 without observing the legally required notice periods. According to 5min.at, she was also deregistered from the Austrian Health Insurance Fund (ÖGK) without an explanation and did not receive a pay slip for 2024.

The situation led those affected to the Chamber of Labor (AK) in Mistelbach, which campaigned for their claims. Ultimately, the AK was able to obtain a sum of 6,260 euros for the cleaner, which she was legally and contractually entitled to. Rudolf Westermayer, head of the Mistelbach AK, emphasizes that going to the AK district office is always worthwhile in such cases.

Legal situation during sick leave

Terminating employees while on sick leave often raises legal questions. There is no general protection against dismissal for sick employees. Employers can terminate employees during a sick leave, but this is subject to certain procedures. A termination becomes legally effective as soon as the employee receives it (e.g. in writing), as WKO informs. This also applies if the employee is not at the same location, as long as the termination is within the employee's control.

However, the legal framework does not restrict the possibility of resigning during a period of sick leave. Employers are also not obliged to postpone termination. However, employees are entitled to continued payment of wages if they are entitled to continued payment of wages. If the termination is unclear or not accessible, especially in cases of illness, the effectiveness of the termination can be called into question.

Clarification of employee rights

According to the regulations, employees on sick leave must, after a reasonable period of time, submit a confirmation of sick leave that contains certain information about the start and expected duration of the incapacity to work. A diagnosis is neither required nor does a late report of illness automatically lead to termination. The Chamber of Labor informs that the decision regarding incapacity to work rests with the treating doctor.

In addition, the ÖGK must be informed of any changes in the whereabouts during the sick leave. Another important detail is that employees should keep an eye on the contractual conditions and any collective agreements in order to secure their rights in the event of illness. The current situation of the cleaner highlights the relevance of these regulations and possibly inadequate information about the rights of employees.